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DECREE No. 46/2003/ND-CP OF MAY 9, 2003 DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE STATE INSPECTORATE

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to Resolution No. 02/2002/QH11 of August 5, 2002 of the XIth National Assembly of the Socialist Republic of Vietnam, the first session, prescribing the list of the ministries and ministerial-level agencies of the Government;

Pursuant to the Government's Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies;

At the proposals of the State Inspector General and the Minister of the Interior,

DECREES:

Article 1.- Position and functions

The State Inspectorate is a ministerial-level agency of the Government, has the function of State management over inspection and settlement of complaints and denunciations; exercises the right to inspect and settle complaints and denunciations and prevent and combat corruption according to its competence.

Article 2.- Tasks and powers

The State Inspectorate shall have to perform the tasks and exercise the powers provided for in the Government's Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies, as well as the following specific tasks and powers:

1. To submit to the Government and the Prime Minister bills, draft ordinances and other draft legal documents on inspection and settlement of complaints and denunciations as well as corruption prevention and combat;

2. To submit to the Government and the Prime Minister long-term, five-year and annual strategies, programs and plans on inspection and settlement of complaints and denunciations as well as corruption prevention and combat;

3. To promulgate decisions, directives and circulars on inspection and settlement of complaints and denunciations as well as corruption prevention and combat;

4. To direct, guide, inspect and be responsible for the materialization of legal documents, strategies, programs and plans after they are approved and other legal documents within its management scope; to inform, propagate, disseminate and educate the legislation on inspection and settlement of complaints and denunciations as well as corruption prevention and combat;

5. Regarding the inspection:

a/ To inspect the observance of policies and laws, the performance of tasks, the exercise of powers and the fulfillment of State management responsibilities by the ministries, ministerial-level agencies, agencies attached to the Government and the People's Committees of the provinces and centrally-run cities.

To inspect matters related to management responsibilities of many ministries, ministerial-level agencies and/or agencies attached to the Government as well as matters related to responsibilities of many provinces and/or centrally-run cities.

To inspect cases and matters directly assigned by the Prime Minister;

b/ To guide the ministries, the ministerial-level agencies, the agencies attached to the Government and the People's Committees of the provinces and centrally-run cities in formulating and organizing the implementation of inspection programs and plans of the ministries, branches and localities;

c/ To direct and guide the inspection organizations in their professional inspection work; to provide professional guidance to the people's inspection organizations;

d/ To request the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces and centrally-run cities to conduct inspection or re-inspection of cases or matters under the management of their respective ministries, branches or localities;

e/ To assume the prime responsibility for settling any coincidence in terms of time or contents of inspection or examination of an enterprise by different inspection or examination delegations under decisions of ministers, heads of ministerial-level agencies, heads of agencies attached to the Government or presidents of the People's Committees of the provinces or centrally-run cities;

f/ To suspend the execution, amendment or cancellation of incorrect petitions or decisions of subordinate State inspection organizations; to settle matters where exists the divergence of opinions between the inspectorates of the ministries, ministerial-level agencies, agencies attached to the Government, or the provincial/municipal inspectorates and the heads of the same-level agencies in the work of complaint and denunciation inspection and settlement;

g/ In the course of performing the inspection tasks, to be entitled to requisition inspection officials and public employees of all levels and branches, request the concerned agencies and units to nominate their officials and public employees to participate therein; to exercise the rights and perform the responsibilities of inspection organizations provided for by law; to handle economic and administrative violations according to the Government's regulations;

6. Regarding the settlement of complaints and denunciations:

a/ To receive and handle written complaints and denunciations; to organize the reception of citizens who come to lodge complaints or denunciations, according to its competence;

b/ To verify, conclude and propose the settlement or issuance of decisions on settlement of complaints falling within the Prime Minister's handling competence under the latter's authorization;

c/ To propose the Prime Minister to re-examine final complaint settlement decisions of ministers, heads of ministerial-level agencies, heads of agencies attached to the Government or presidents of the People's Committees of the provinces and centrally-run cities upon detecting law violations which harm the State's interests, the legitimate rights and interests of citizens, agencies and organizations, according to the provisions of law;

d/ To verify, conclude or propose measures for handling cases of denunciation under the handling competence of the Prime Minister when being so authorized by the latter;

e/ To consider and conclude on denunciation contents already settled by ministers, heads of ministerial-level agencies, heads of agencies attached to the Government or presidents of the People's Committees of the provinces and centrally-run cities but entailed by law violations. In cases where it concludes that the denunciation settlement has violated law, it shall request the settlers to re-consider and re-settle them;

f/ To consider and issue decisions on settlement of complaints and denunciations falling under the competence of the State Inspector General;

g/ In the course of settling complaints and denunciations, to exercise powers and perform responsibilities of inspection organizations according to the provisions of the legislation on complaints and denunciations;

7. Regarding the corruption prevention and combat:

a/ To assume the prime responsibility and coordinate with the Ministry of Public Security, the Ministry of Defense and the concerned agencies in assisting the Prime Minister in guiding, urging and inspecting the levels and branches in the prevention and detection of corruptive acts and handling of persons committing corruptive acts;

b/ To sum up situation and report to the Prime Minister and the Government on the work of corruption prevention and combat throughout the country;

8. To undertake international cooperation in the domains of complaint and denunciation inspection and settlement, and corruption prevention and combat according to the provisions of law;

9. To inspect and examine the works of inspecting and settling complaints and denunciations, and preventing and combating corruption of the branches and levels according to the provisions of law;

10. To organize and direct the implementation of plans on scientific research and application of scientific and technological advances to the domains of complaint and denunciation inspection and settlement, as well as corruption prevention and combat;

11. To decide on and direct the implementation of the administrative reform program of the State Inspectorate according to the objectives and contents of the State administrative reform program already approved by the Prime Minister;

12. To manage and direct the operations of non-business organizations attached to the State Inspectorate according to the provisions of law;

13. To guide, urge and inspect the observance of law provisions on organization and personnel of the inspection service; to organize the training and fostering of inspection officials and organizations to raise their professional qualifications.

To propose the Prime Minister to appoint, dismiss or relieve from duty the chief inspectors of the ministries, ministerial-level agencies or agencies attached to the Government and senior inspectors; to appoint, dismiss or relieve from duty the chief inspectors of the provinces and centrally-run cities and principal inspectors according to the provisions of law;

To manage its organizational structure and personnel; to organize the implementation of the wage regime and regimes and policies on preferential treatment, commendation, reward and discipline towards officials, public servants and employees of the State Inspectorate;

14. To manage finance and assets assigned to it and organize the implementation of the budget allocated to it according to the provisions of law.

Article 3.- Organizational structure of the State Inspectorate

a/ The organizations assisting the State Inspector General in performing the State management function, including:

1. The Department for Inspection and Settlement of Complaints and Denunciations of the branch economy sector (called Department I for short);

2. The Department for Inspection and Settlement of Complaints and Denunciations of the general economy sector (called Department II for short);

3. The Department for Inspection and Settlement of Complaints and Denunciations of the internal, cultural and social affair sector (called Department III for short);

4. The Department for Inspection and Settlement of Complaints and Denunciations of the localities (called Department IV for short);

5. The Department for Citizen Reception and Communications Handling;

6. The Legal Department;

7. The Organization and Personnel Department;

8. The Office.

b/ The non-business organizations attached to the State Inspectorate, including:

1. The Inspection Science Institute;

2. The Inspector Training School;

3. The Informatics Center;

4. The Inspection Review;

5. The Inspection Newspaper.

Article 4.- Implementation effect

This Decree takes effect 15 days after its publication in the Official Gazette.

To annul Article 1 of Decree No. 244-HDBT of June 30, 1990 of the Council of Ministers on organization of the State Inspectorate System and measures to ensure inspection activities.

Article 5.- Implementation responsibility

The State Inspector General, the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces and centrally-run cities shall have to implement this Decree.

On behalf of the Government

Prime Minister
PHAN VAN KHAI